Legal Question in Real Estate Law in Massachusetts

Fences

Our neighbors took down our fence with our persmission and put up a new fence. We both insist that the fence is on each others' property. The question is can we hang things on our side of the fence? We want to hang a ladder which will take 2 screws to hold it up. We use to hang it on our fence before it was taken down. The neighbors insist we have no right to hang the ladder. Also, does it matter whose property the fence is on? Thank you.


Asked on 6/15/07, 2:53 pm

1 Answer from Attorneys
Nicole Reeves Lavallee Reeves Lavallee, P.C.

Re: Fences

It does matter whose side the fence is on. If the original fence was yours then they had no legal right to tear it down and your remedy would be for them to either have them pay your or for them install a new fence. If the fence is on your side and the original fence was yours then you can put the ladder on the fence. I would suggest before either of you put anything on the fence that you agree to hire someone to to do a tape survey (and possible split the cost). That way you would know for sure where the fence is in relation to your respective properties. If the fence is on your property you could either accept it and put the ladder up or order that they move it to their property.

If you have any questions please contact me directly.

Nicole

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Answered on 6/15/07, 3:12 pm


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